Every crime in California consists of "elements." These are facts the prosecutor must prove to make a case in court. In this section, we break down each crime into its elements. Then we discuss the best ways to fight the charge, and the penalties that stem from a conviction.

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All crimes in Nevada consist of "elements." An element is a fact that the prosecutor must prove beyond a reasonable doubt for the defendant to be convicted. In this section, our Nevada criminal defense attorneys discuss the elements of each crime. Then we explain effective ways to defend against the charge, and what penalties a conviction may carry.

Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Nevada DUI Laws to learn more.

The One Leg Stand (OLS) is one of three Nevada field sobriety tests that police ask suspected drunk drivers to perform. The OLS test requires the suspect to balance on one leg for 30 seconds. The results of the OLS and other field sobriety tests factor into whether the police will ultimately arrest the suspect for DUI.

In this article our Las Vegas DUI Defense attorneys answer frequently-asked-questions about the One Leg Stand Test in Nevada drunk driving cases. (Click on a question below to go directly to that topic.)

The One Leg Stand is a field sobriety tests that Nevada police administer on suspected drunk drivers.

1) What is the One Leg Stand Test in Nevada DUI cases?

The One Leg Stand (OLS) is a field sobriety test approved by the National Highway Transportation Safety Administration (NHTSA). Suspected drunk drivers are asked to perform an OLS by Nevada police. The OLS is a "divided attention" test in that it requires the suspect to execute physical and mental tasks simultaneously.

Specifically, the One Leg Stand Test involves the suspect standing on only one foot and maintaining that stance while counting to thirty without swaying, using his/her arms, hopping, or putting his/her foot down. If the suspect makes two or more mistakes while performing this test, the cop will presume he/she is under the influence of alcohol.1

2) When do police administer the One Leg Stand Test in Nevada DUI cases?

After a cop pulls over a suspected drunk driver in Nevada, the cop will first ask him/her some questions and observe his/her demeanor. If the cop thinks the suspect is displaying inebriated behavior, the cop will ask the suspect to exit the car to perform the field sobriety tests, including the OLS. This usually occurs within 10 to 30 minutes of the initial encounter.

The One Leg Stand requires the suspect to stand on one leg for 30 seconds without hopping, swaying, putting the foot down, or using the arms for balance.

3) How do police administer the One Leg Stand Test in Nevada DUI cases?

The Nevada cop, with his/her weapons facing away from the suspect, instructs the suspect to stand with his/her heels together and arms down at his/her sides; the cop will also demonstrate this stance. Next, the cop will instruct the suspect to do the following:

raise his/her leg six inches off the ground, and

hold that position while counting from 1001 to 1030, and

watching his/her raised foot while counting

The cop will demonstrate this position of having one foot raised as well. At that point, the cop will tell the suspect not to sway, hop, put his/her foot down, or use his/her arms for balance. Finally, the cop asks the suspect if he/she understands. If the suspect replies affirmatively, the cop will start the timer and will tell the suspect to begin. If the clock reaches 30 seconds before the suspect finishes counting to 1030, the cop will tell him/her to stop counting. For more information, watch the NHTSA approved One-Leg Stand Test Video.

4) How are results measured for the One Leg Stand Test in Nevada DUI cases? What is failing?

While Nevada DUI suspects are performing the OLS Test, the cop is looking for four mistakes:

swaying back-and-forth or side-to-side while balancing

using arms for balance

hopping

putting foot down before the 30 second mark

Each of these mistakes is called a "clue." Making two, three, or four of these clues is a failing score. Making just one clue or no clue at all is a passing score. Note that putting the foot down three or more times during the 30-second period is an automatic failing score. And a failing score means the cop will presume that the suspect has an illegal blood alcohol content (.08% or greater in Nevada DUI cases).2

5) Can I refuse to take the One Leg Stand Test in a Nevada DUI case?

Yes, it is not required for DUI suspects to submit to field sobriety tests. The con of refusing to take the OLS is that the cop will probably arrest the suspect anyway, but the pro is that it may be difficult for the prosecution ultimately to prove the suspect guilty without any field sobriety test results.

Putting the raised foot down three times results in a failing score for the One Leg Stand test.

6) Does passing or not taking the One Leg Stand Test mean I will not get arrested for DUI in Nevada?

No. The OLS is just one of many factors Nevada police take into account when they decide whether to arrest and book someone for DUI. Other factors include:

whether the suspect smells of alcohol

whether the suspect has slurred speech and/or glassy eyes

result of other field sobriety tests, including the horizontal gaze nystagmus and walk-and-turn

results of preliminary breath test

So a suspect who passes the OLS can still be arrested if he/she fails the other tests or otherwise gives law enforcement reason to believe he/she is inebriated.

7) How accurate is the One Leg Stand Test in Nevada DUI cases?

NHTSA claims that the OLS Test is only 65% accurate in demonstrating whether a driver is under the influence.3 Put another way, more than out of three suspects who fail the OLS is not in fact drunk.

8) How do DUI defendants contest the results of the One Leg Stand Test in Nevada?

The OLS is an innately flawed test because so many outside conditions can cause a sober DUI suspect to receive a failing score. Six common ways to contest OLS results in a Nevada DUI case include the following:

The police officer distracted the suspect by moving around or other disruptive behavior.

The standing surface was not dry, level, solid, or non-slippery enough.

The officer did not use a watch to time the 30 seconds or otherwise timed the test inaccurately.

The suspect was wearing certain clothes or shoes that impeded his/her ability to perform the OLS.

The suspect is elderly or suffers from a physical or mental impairment that precludes being able to pass the OLS.

The lighting was too poor for the suspect to see the officer's demonstration of the one leg stand stance.

If a defense attorney can show that circumstances prevented the DUI suspect from having a fair opportunity to pass the OLS, it may be possible to persuade the prosecutor to reduce or dismiss the charges.

Police error may cause a Nevada judge to disregard a failing score on the One Leg Stand test.

9) Does Nevada law recognize One Leg Stand Tests in DUI cases?

Yes. The Nevada Supreme Court has held that police who reasonably suspect a driver may be inebriated should administer the OLS Test. Law enforcement and prosecution may then use OLS Test results evidence of a driver's intoxication levels.4

10) Is the One Leg Stand Test the only field sobriety test in Nevada DUI cases?

It is important to remember that a DUI arrest in Nevada does not necessarily guarantee a conviction. It may be possible for a defendant who failed the OLS to have DUI charges reduced or dismissed.

Call 702-DEFENSE (702-333-3673) for a criminal defense attorney.

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Have you been charged with "drunk driving" in Nevada? Phone our Las Vegas criminal defense attorneys for a FREE consultation at 702-DEFENSE (702-333-3673). We may be able to negotiate or litigate a favorable resolution such as a charge reduction, charge dismissal, or an acquittal.

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